Senate Bill sb0456c1

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    Florida Senate - 2006                            CS for SB 456

    By the Committee on Criminal Justice; and Senator Wise





    591-1312-06

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 985.215, F.S.; requiring specified home

  4         detention to be with electronic monitoring,

  5         subject to an appropriation; amending s.

  6         985.231, F.S.; requiring specified home

  7         detention to be with electronic monitoring,

  8         subject to an appropriation; amending s.

  9         985.31, F.S.; deleting a requirement for a

10         report on serious or habitual juvenile

11         offenders; amending s. 985.311, F.S.; deleting

12         a requirement for a report on intensive

13         residential treatment; amending s. 985.3141,

14         F.S.; providing that a youth's willful failure

15         to return to a residential commitment facility

16         within the time authorized for temporary

17         release constitutes escape subject to

18         penalties; amending s. 985.317, F.S.; deleting

19         a requirement for a report on literacy programs

20         for juvenile offenders; providing an effective

21         date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Paragraph (h) of subsection (2) of section

26  985.215, Florida Statutes, is amended to read:

27         985.215  Detention.--

28         (2)  Subject to the provisions of subsection (1), a

29  child taken into custody and placed into nonsecure or home

30  detention care or detained in secure detention care prior to a

31  detention hearing may continue to be detained by the court if:

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 1         (h)  The child is alleged to have violated the

 2  conditions of the child's probation or conditional release

 3  supervision. However, a child detained under this paragraph

 4  shall may be held only in a consequence unit as provided in s.

 5  985.231(1)(a)1.c., except that, if a consequence unit is not

 6  available, the child shall be placed on home detention.

 7  Subject to legislative appropriation, home detention under

 8  this paragraph shall be with electronic monitoring.

 9  

10  A child who meets any of these criteria and who is ordered to

11  be detained pursuant to this subsection shall be given a

12  hearing within 24 hours after being taken into custody. The

13  purpose of the detention hearing is to determine the existence

14  of probable cause that the child has committed the delinquent

15  act or violation of law with which he or she is charged and

16  the need for continued detention, except where the child is

17  alleged to have absconded from a nonresidential commitment

18  program in which case the court, at the detention hearing,

19  shall order that the child be released from detention and

20  returned to his or her nonresidential commitment program.

21  Unless a child is detained under paragraph (d) or paragraph

22  (e), the court shall use the results of the risk assessment

23  performed by the juvenile probation officer and, based on the

24  criteria in this subsection, shall determine the need for

25  continued detention. A child placed into secure, nonsecure, or

26  home detention care may continue to be so detained by the

27  court pursuant to this subsection. If the court orders a

28  placement more restrictive than indicated by the results of

29  the risk assessment instrument, the court shall state, in

30  writing, clear and convincing reasons for such placement.

31  Except as provided in s. 790.22(8) or in subparagraph

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 1  (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph

 2  (10)(d), when a child is placed into secure or nonsecure

 3  detention care, or into a respite home or other placement

 4  pursuant to a court order following a hearing, the court order

 5  must include specific instructions that direct the release of

 6  the child from such placement no later than 5 p.m. on the last

 7  day of the detention period specified in paragraph (5)(b) or

 8  paragraph (5)(c), or subparagraph (10)(a)1., whichever is

 9  applicable, unless the requirements of such applicable

10  provision have been met or an order of continuance has been

11  granted pursuant to paragraph (5)(f).

12         Section 2.  Paragraph (a) of subsection (1) of section

13  985.231, Florida Statutes, is amended to read:

14         985.231  Powers of disposition in delinquency cases.--

15         (1)(a)  The court that has jurisdiction of an

16  adjudicated delinquent child may, by an order stating the

17  facts upon which a determination of a sanction and

18  rehabilitative program was made at the disposition hearing:

19         1.  Place the child in a probation program or a

20  postcommitment probation program under the supervision of an

21  authorized agent of the department or of any other person or

22  agency specifically authorized and appointed by the court,

23  whether in the child's own home, in the home of a relative of

24  the child, or in some other suitable place under such

25  reasonable conditions as the court may direct. A probation

26  program for an adjudicated delinquent child must include a

27  penalty component such as restitution in money or in kind,

28  community service, a curfew, revocation or suspension of the

29  driver's license of the child, or other nonresidential

30  punishment appropriate to the offense and must also include a

31  rehabilitative program component such as a requirement of

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 1  participation in substance abuse treatment or in school or

 2  other educational program. If the child is attending or is

 3  eligible to attend public school and the court finds that the

 4  victim or a sibling of the victim in the case is attending or

 5  may attend the same school as the child, the court placement

 6  order shall include a finding pursuant to the proceedings

 7  described in s. 985.23(1)(d). Upon the recommendation of the

 8  department at the time of disposition, or subsequent to

 9  disposition pursuant to the filing of a petition alleging a

10  violation of the child's conditions of postcommitment

11  probation, the court may order the child to submit to random

12  testing for the purpose of detecting and monitoring the use of

13  alcohol or controlled substances.

14         a.  A classification scale for levels of supervision

15  shall be provided by the department, taking into account the

16  child's needs and risks relative to probation supervision

17  requirements to reasonably ensure the public safety. Probation

18  programs for children shall be supervised by the department or

19  by any other person or agency specifically authorized by the

20  court. These programs must include, but are not limited to,

21  structured or restricted activities as described in this

22  subparagraph, and shall be designed to encourage the child

23  toward acceptable and functional social behavior. If

24  supervision or a program of community service is ordered by

25  the court, the duration of such supervision or program must be

26  consistent with any treatment and rehabilitation needs

27  identified for the child and may not exceed the term for which

28  sentence could be imposed if the child were committed for the

29  offense, except that the duration of such supervision or

30  program for an offense that is a misdemeanor of the second

31  degree, or is equivalent to a misdemeanor of the second

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 1  degree, may be for a period not to exceed 6 months. When

 2  restitution is ordered by the court, the amount of restitution

 3  may not exceed an amount the child and the parent or guardian

 4  could reasonably be expected to pay or make. A child who

 5  participates in any work program under this part is considered

 6  an employee of the state for purposes of liability, unless

 7  otherwise provided by law.

 8         b.  The court may conduct judicial review hearings for

 9  a child placed on probation for the purpose of fostering

10  accountability to the judge and compliance with other

11  requirements, such as restitution and community service. The

12  court may allow early termination of probation for a child who

13  has substantially complied with the terms and conditions of

14  probation.

15         c.  If the conditions of the probation program or the

16  postcommitment probation program are violated, the department

17  or the state attorney may bring the child before the court on

18  a petition alleging a violation of the program. Any child who

19  violates the conditions of probation or postcommitment

20  probation must be brought before the court if sanctions are

21  sought. A child taken into custody under s. 985.207 for

22  violating the conditions of probation or postcommitment

23  probation shall be held in a consequence unit if such a unit

24  is available. The child shall be afforded a hearing within 24

25  hours after being taken into custody to determine the

26  existence of probable cause that the child violated the

27  conditions of probation or postcommitment probation. A

28  consequence unit is a secure facility specifically designated

29  by the department for children who are taken into custody

30  under s. 985.207 for violating probation or postcommitment

31  probation, or who have been found by the court to have

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    Florida Senate - 2006                            CS for SB 456
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 1  violated the conditions of probation or postcommitment

 2  probation. If the violation involves a new charge of

 3  delinquency, the child may be detained under s. 985.215 in a

 4  facility other than a consequence unit. If the child is not

 5  eligible for detention for the new charge of delinquency, the

 6  child may be held in the consequence unit pending a hearing

 7  and is subject to the time limitations specified in s.

 8  985.215. If the child denies violating the conditions of

 9  probation or postcommitment probation, the court shall appoint

10  counsel to represent the child at the child's request. Upon

11  the child's admission, or if the court finds after a hearing

12  that the child has violated the conditions of probation or

13  postcommitment probation, the court shall enter an order

14  revoking, modifying, or continuing probation or postcommitment

15  probation. In each such case, the court shall enter a new

16  disposition order and, in addition to the sanctions set forth

17  in this paragraph, may impose any sanction the court could

18  have imposed at the original disposition hearing. If the child

19  is found to have violated the conditions of probation or

20  postcommitment probation, the court may:

21         (I)  Place the child in a consequence unit in that

22  judicial circuit, if available, for up to 5 days for a first

23  violation, and up to 15 days for a second or subsequent

24  violation, or, if a consequence unit is not available, the

25  court may place the child on home detention, which shall,

26  subject to legislative appropriation, include electronic

27  monitoring.

28         (II)  Place the child on home detention with electronic

29  monitoring. However, this sanction may be used only if a

30  residential consequence unit is not available.

31  

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 1         (II)(III)  Modify or continue the child's probation

 2  program or postcommitment probation program.

 3         (III)(IV)  Revoke probation or postcommitment probation

 4  and commit the child to the department.

 5         d.  Notwithstanding s. 743.07 and paragraph (d), and

 6  except as provided in s. 985.31, the term of any order placing

 7  a child in a probation program must be until the child's 19th

 8  birthday unless he or she is released by the court, on the

 9  motion of an interested party or on its own motion.

10         2.  Commit the child to a licensed child-caring agency

11  willing to receive the child, but the court may not commit the

12  child to a jail or to a facility used primarily as a detention

13  center or facility or shelter.

14         3.  Commit the child to the department at a

15  restrictiveness level defined in s. 985.03. Such commitment

16  must be for the purpose of exercising active control over the

17  child, including, but not limited to, custody, care, training,

18  urine monitoring, and treatment of the child and release of

19  the child from residential commitment into the community in a

20  postcommitment nonresidential conditional release program. If

21  the child is eligible to attend public school following

22  commitment and the court finds that the victim or a sibling of

23  the victim in the case is or may be attending the same school

24  as the child, the commitment order shall include a finding

25  pursuant to the proceedings described in s. 985.23(1)(d). If

26  the child is not successful in the conditional release

27  program, the department may use the transfer procedure under

28  s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and

29  except as provided in s. 985.31, the term of the commitment

30  must be until the child is discharged by the department or

31  until he or she reaches the age of 21.

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 1         4.  Revoke or suspend the driver's license of the

 2  child.

 3         5.  Require the child and, if the court finds it

 4  appropriate, the child's parent or guardian together with the

 5  child, to render community service in a public service

 6  program.

 7         6.  As part of the probation program to be implemented

 8  by the department, or, in the case of a committed child, as

 9  part of the community-based sanctions ordered by the court at

10  the disposition hearing or before the child's release from

11  commitment, order the child to make restitution in money,

12  through a promissory note cosigned by the child's parent or

13  guardian, or in kind for any damage or loss caused by the

14  child's offense in a reasonable amount or manner to be

15  determined by the court. The clerk of the circuit court shall

16  be the receiving and dispensing agent. In such case, the court

17  shall order the child or the child's parent or guardian to pay

18  to the office of the clerk of the circuit court an amount not

19  to exceed the actual cost incurred by the clerk as a result of

20  receiving and dispensing restitution payments. The clerk shall

21  notify the court if restitution is not made, and the court

22  shall take any further action that is necessary against the

23  child or the child's parent or guardian. A finding by the

24  court, after a hearing, that the parent or guardian has made

25  diligent and good faith efforts to prevent the child from

26  engaging in delinquent acts absolves the parent or guardian of

27  liability for restitution under this subparagraph.

28         7.  Order the child and, if the court finds it

29  appropriate, the child's parent or guardian together with the

30  child, to participate in a community work project, either as

31  

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    Florida Senate - 2006                            CS for SB 456
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 1  an alternative to monetary restitution or as part of the

 2  rehabilitative or probation program.

 3         8.  Commit the child to the department for placement in

 4  a program or facility for serious or habitual juvenile

 5  offenders in accordance with s. 985.31. Any commitment of a

 6  child to a program or facility for serious or habitual

 7  juvenile offenders must be for an indeterminate period of

 8  time, but the time may not exceed the maximum term of

 9  imprisonment that an adult may serve for the same offense. The

10  court may retain jurisdiction over such child until the child

11  reaches the age of 21, specifically for the purpose of the

12  child completing the program.

13         9.  In addition to the sanctions imposed on the child,

14  order the parent or guardian of the child to perform community

15  service if the court finds that the parent or guardian did not

16  make a diligent and good faith effort to prevent the child

17  from engaging in delinquent acts. The court may also order the

18  parent or guardian to make restitution in money or in kind for

19  any damage or loss caused by the child's offense. The court

20  shall determine a reasonable amount or manner of restitution,

21  and payment shall be made to the clerk of the circuit court as

22  provided in subparagraph 6.

23         10.  Subject to specific appropriation, commit the

24  juvenile sexual offender to the department for placement in a

25  program or facility for juvenile sexual offenders in

26  accordance with s. 985.308. Any commitment of a juvenile

27  sexual offender to a program or facility for juvenile sexual

28  offenders must be for an indeterminate period of time, but the

29  time may not exceed the maximum term of imprisonment that an

30  adult may serve for the same offense. The court may retain

31  jurisdiction over a juvenile sexual offender until the

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 1  juvenile sexual offender reaches the age of 21, specifically

 2  for the purpose of completing the program.

 3         Section 3.  Paragraph (a) of subsection (1) of section

 4  985.31, Florida Statutes, is amended to read:

 5         985.31  Serious or habitual juvenile offender.--

 6         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

 7  the provisions of this chapter and the establishment of

 8  appropriate program guidelines and standards, contractual

 9  instruments, which shall include safeguards of all

10  constitutional rights, shall be developed as follows:

11         (a)  The department shall provide for:

12         1.  The oversight of implementation of assessment and

13  treatment approaches.

14         2.  The identification and prequalification of

15  appropriate individuals or not-for-profit organizations,

16  including minority individuals or organizations when possible,

17  to provide assessment and treatment services to serious or

18  habitual delinquent children.

19         3.  The monitoring and evaluation of assessment and

20  treatment services for compliance with the provisions of this

21  chapter and all applicable rules and guidelines pursuant

22  thereto.

23         4.  The development of an annual report on the

24  performance of assessment and treatment to be presented to the

25  Governor, the Attorney General, the President of the Senate,

26  the Speaker of the House of Representatives, and the Auditor

27  General no later than January 1 of each year.

28         Section 4.  Paragraph (a) of subsection (1) of section

29  985.311, Florida Statutes, is amended to read:

30         985.311  Intensive residential treatment program for

31  offenders less than 13 years of age.--

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 1         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

 2  the provisions of this chapter and the establishment of

 3  appropriate program guidelines and standards, contractual

 4  instruments, which shall include safeguards of all

 5  constitutional rights, shall be developed for intensive

 6  residential treatment programs for offenders less than 13

 7  years of age as follows:

 8         (a)  The department shall provide for:

 9         1.  The oversight of implementation of assessment and

10  treatment approaches.

11         2.  The identification and prequalification of

12  appropriate individuals or not-for-profit organizations,

13  including minority individuals or organizations when possible,

14  to provide assessment and treatment services to intensive

15  offenders less than 13 years of age.

16         3.  The monitoring and evaluation of assessment and

17  treatment services for compliance with the provisions of this

18  chapter and all applicable rules and guidelines pursuant

19  thereto.

20         4.  The development of an annual report on the

21  performance of assessment and treatment to be presented to the

22  Governor, the Attorney General, the President of the Senate,

23  the Speaker of the House of Representatives, the Auditor

24  General, and the Office of Program Policy Analysis and

25  Government Accountability no later than January 1 of each

26  year.

27         Section 5.  Section 985.3141, Florida Statutes, is

28  amended to read:

29         985.3141  Escapes from secure detention or residential

30  commitment facility.--An escape from:

31  

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 1         (1)  Any secure detention facility maintained for the

 2  temporary detention of children, pending adjudication,

 3  disposition, or placement;

 4         (2)  Any residential commitment facility described in

 5  s. 985.03(46), maintained for the custody, treatment,

 6  punishment, or rehabilitation of children found to have

 7  committed delinquent acts or violations of law; or

 8         (3)  Lawful transportation to or from any such secure

 9  detention facility or residential commitment facility,

10  

11  constitutes escape within the intent and meaning of s. 944.40

12  and is a felony of the third degree, punishable as provided in

13  s. 775.082, s. 775.083, or s. 775.084. For purposes of this

14  section, escape from a residential commitment facility as

15  provided for in subsection (2) includes a youth's willful

16  failure to return to a residential commitment facility within

17  the time authorized for a temporary release.

18         Section 6.  Subsection (5) of section 985.317, Florida

19  Statutes, is amended to read:

20         985.317  Literacy programs for juvenile offenders.--

21         (5)  EVALUATION AND REPORT.--The department, in

22  consultation with the Department of Education, shall develop

23  and implement an evaluation of the literacy program in order

24  to determine the impact of the programs on recidivism. The

25  department shall submit an annual report on the implementation

26  and progress of the programs to the President of the Senate

27  and the Speaker of the House of Representatives by January 1

28  of each year.

29         Section 7.  This act shall take effect July 1, 2006.

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 456

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